When dealing with a WorkCover claim and the potential for lump sum payments, many individuals find themselves puzzled and frustrated, asking, "Why hasn't my lawyer told me about these options?" This blog post aims to shed light on this critical question, addressing why your lawyer, WorkCover, and even your employer might not be providing you with this crucial information.
The Lawyer's Silence
Legal and Financial Constraints: Most compensation lawyers operate on a 'no win, no fee' basis. They cannot formally commence legal actions until after the statutory claims process has concluded, typically marked by the issuance of a Notice of Assessment. Engaging in extensive work before this point without the certainty of pursuing a future economic loss claim leaves lawyers financially exposed. If they invest time and resources into your case and you decide not to proceed, they stand to lose significantly, as they won't recover their fees. It's a precarious position that often leads to lawyers waiting until they can officially act before delving into the depths of your compensation entitlements, including lump sum payments.
WorkCover's Non-Disclosure
Insurance Company Motives: WorkCover operates as an insurance entity. Their primary goal is to manage claims efficiently and cost-effectively. There's no explicit requirement in the legislation for them to volunteer information about all possible entitlements, especially those that could lead to higher payouts. By not actively informing claimants about potential lump sum payments, they are essentially protecting their financial interests. It's an unfortunate reality that without being prompted, they might not provide you with a full picture of your entitlements.
Your Employer's Lack of Knowledge
Unaware and Uninformed: It's highly likely that your employer, especially if they're a small business owner, has little to no understanding of the intricacies of WorkCover lump sum payments. Even more so, if they are aware, they might not disclose this information as certain lump sums, particularly those related to future economic loss, can impact their premiums. It's in their best interest, financially, to remain silent on this matter.
The Need for Informed Guidance
Creating Doubt: The lack of information from these three key sources creates a void filled with doubt and uncertainty. If your lawyer hasn't informed you about your full range of options, it might be time to seek someone who can. An informed advocate or payment expert, independent of your legal and insurance processes, can provide the guidance and information you desperately need.
Conclusion
The silence from your lawyer, WorkCover, and employer isn't a coincidence or oversight. It's a calculated omission based on financial and legal constraints. However, this doesn't mean you have to remain in the dark about your entitlements. Seeking advice from knowledgeable and independent sources can illuminate the path to claiming what's rightfully yours, ensuring you're not missing out due to others' reluctance to share information. Remember, in the realm of compensation, knowledge truly is power.
Get More Inside Information on Lump Sums
Watch this video from our Premium Inside Information Portal that guides workers on how to fully access and accelerate all lump sum payments, especially if they are curious about whether they are eligible.
